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1. The defendant,
A. As to Plaintiff A, B, and C, each of the KRW 9,946,65 and KRW 8,88,88 among them, from May 8, 2014.
Reasons
1. On July 4, 2013, the deceased and the defendant paid KRW 20,00,000 under the instant construction contract, based on the comprehensive consideration of the construction cost of each remodeling contract for the branch floor and the third floor of the housing located in Gwanak-gu in Seoul Special Metropolitan City, the third floor of the housing located in H, and the third floor and the outdoor rooftop (hereinafter “the instant construction contract”) 70,000, the construction period from July 4, 2013 to September 15, 2013, the compensation for delay was determined as KRW 1/100 of the daily construction cost. The deceased paid KRW 20,000,000 as the down payment on July 8, 2013, and the part payment on August 26, 2013. However, the deceased did not proceed with construction works under the instant construction contract; the deceased died on September 29, 2013; the plaintiffs were unable to file a complaint with the parties to the instant construction contract and the remainder of the inheritance between the plaintiffs 1 through the inheritance.
2. Judgment on the grounds of the plaintiffs' claims
A. According to the fact that the Defendant’s obligation to return down payment and intermediate payment occurred, the instant construction contract was lawfully rescinded due to the Defendant’s nonperformance, and the Defendant is obligated to return to the Plaintiffs the amount equivalent to the Plaintiffs’ share of inheritance among the total sum of the down payment and intermediate payment KRW 40 million.
The defendant did not accept the defendant's above assertion in light of the above facts, while continuing about 60% of the construction work of this case, and suspended the construction work due to the deceased's improper demand, and did not perform the obligation under the construction contract of this case.
(b) If the contractor who has an obligation to pay the liquidated damages has cancelled the contract after the completion date without completing the construction by the deadline for completion, the date on which the penalty for delay has accrued shall be the date following the due date for completion.